Pangilinan v Secretary of the Department of Immigration and Border Protection [2013] FCA 1028

Pangilinan v Secretary of the Department of Immigration and Border Protection [2013] FCA 1028

Having regard to the mandatory and discretionary considerations, the appeal should be transferred because it did not involve questions of general importance, it was likely to be heard and determined at less cost to the applicant and with more convenience to the parties if transferred, the parties' wishes had been considered, and the appeal was likely to be heard and determined earlier in the Federal Circuit Court.

Jurisdiction
Australia
Judgment Date
14 October 2013
Procedural Posture
Appeal From the Administrative Appeals Tribunal in Respect of a Decision Under the Freedom of Information Act 1982 (cth) / Order on the Court's Own Initiative Transferring the Appeal From the Federal Court of Australia to the Federal Circuit Court of Australia
Outcome
The appeal was transferred from the Federal Court of Australia to the Federal Circuit Court of Australia, with no order as to costs of the appeal in the Federal Court.
Legal Topics
['transfer From Federal Court to Federal Circuit Court' 'appeal From Administrative Appeals Tribunal' 'administrative Appeals Tribunal Act 1975 (cth) S 44 Aa' 'federal Court Rules 2011 (cth) R 27.12' 'mandatory and Discretionary Considerations']
['practice and Procedure' 'administrative Law' 'freedom of Information'] ['transfer From Federal Court to Federal Circuit Court' 'appeal From Administrative Appeals Tribunal' 'administrative Appeals Tribunal Act 1975 (cth) S 44 Aa' 'federal Court Rules 2011 (cth) R 27.12' 'mandatory and Discretionary Considerations']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal From the Administrative Appeals Tribunal in Respect of a Decision Under the Freedom of Information Act 1982 (cth) / Order on the Court's Own Initiative Transferring the Appeal From the Federal Court of Australia to the Federal Circuit Court of Australia

Legal Issues

  1. 1 ['Whether the appeal from the Administrative Appeals Tribunal should be transferred from the Federal Court of Australia to the Federal Circuit Court of Australia under s 44AA of the Administrative Appeals Tribunal Act 1975 (Cth).' 'What mandatory and discretionary considerations applied to the proposed transfer.']

Ratio Decidendi

Having regard to the mandatory and discretionary considerations, the appeal should be transferred because it did not involve questions of general importance, it was likely to be heard and determined at less cost to the applicant and with more convenience to the parties if transferred, the parties' wishes had been considered, and the appeal was likely to be heard and determined earlier in the Federal Circuit Court.

Court Disposition

The appeal was transferred from the Federal Court of Australia to the Federal Circuit Court of Australia, with no order as to costs of the appeal in the Federal Court.

Orders

  • ['The appeal be transferred from the Federal Court of Australia to the Federal Circuit Court of Australia.' 'A sealed copy of this order be filed by the first respondent in the proceedings pursuant to r 8.04 of the Federal Circuit Court Rules 2001.' 'The Registrar send to the proper officer of the Federal Circuit...